A REMARKABLE VERDICT.

Gisborne Times, Volume X, Issue 968, 14 August 1903, Page 3

A REMARKABLE VERDICT.

JUDGE CONOLLY IN A’ DILEMMA.

Per Press Association^ AUCKLAND, last night.

At the Supreme Court yesterday, a charge against a young Maori named Warana Noa, of breaking and entering the premises of William Luke, at Puhipuhi, and stealing a quantity of kauri gum, was heard. There was a second count against the Maori of receiving three pieces of kauri gum, knowing the same to have been stolen. The jury found prisoner guilty, on the second count only.

His Honor remarked that the verdict was a little puzzling, since the prisoner was only convicted of receiving a quantity of stolen gum. Where was he supposed to have obtained it from ?

When the Court opened this morning, His Honor said that net evidence had been offered on the count of receiving nor had that count been referred to by the Crown Prosecutor. The jury had found prisoner not guilty on the first count, and guilty on the second' count of receiv-

ing. He himself lrad been remiss when charging the Grand Jury, in not pointing out that there was no evidence on the second count. He

Ivad never thought of the second count. The [jury had found a verdict or guilty on the second count, and lie now took it upon himself, as ho had power to do so, to direct that ’a verdict of not guilty be entered upon the whole indictment, and that prisoner be discharged. Mr Tolc, Crown ‘Prosecutor, rose at this pointHis Honor : I am not going to have the matter argued, Mr ToleMr Tote’submitted that he had a right to ask to have the point reserved. His Honor said that he would not reserve the point. The whole trouble had arisen through putting in a count on which there was no evidence, and no intention to offer evidence. Tile prisoner was then discharged.